Fort Lauderdale Field Sobriety Exercises Must Be Properly Conducted Attorney
Field sobriety exercises are often administered by police officers after they have pulled someone over for a suspected DUI. Unfortunately, officers do not always conduct these exercises properly, particularly if they are new to police work. A mistake made when conducting a field sobriety exercise may result in the officer believing the driver is impaired when they are not. Our Fort Lauderdale field sobriety exercises must be properly conducted attorney can determine if your test was improperly administered, and will use that fact in your defense.
Field Sobriety Exercises Must Be Properly Conducted: The HGN Test
The horizontal gaze nystagmus (HGN) test is the most common exercise that is not properly administered. Due to the fact that this is the only scientific type of roadside test, an officer must have advanced medical training before they administer it. Most law enforcement officers do not have this type of specialized training.
During the HGN test, an officer will place a light, pen, or their finger a few inches away from your eyes. They will then move the object up and down, as well as back and forth, while watching your eyes as they follow the item. Police officers are supposed to use a specific number of passes for each eye. Most of the time, they will just do a couple of passes before determining the driver is intoxicated.
Officers will also often claim they observed an angle of onset, which is when the eye is all the way at the outer edge of the eye. This is extremely difficult to detect and most officers are not able to.
Field Sobriety Tests Must Be Properly Conducted: The Walk and Turn Test
During the walk and turn test, the officer must tell you the appropriate manner in which to walk, and the number of steps to take. Usually, drivers are instructed to take about nine steps, and to walk heel-to-toe. Officers should also demonstrate how the test is done. Police officers often do not provide a demonstration, do not tell drivers how they should walk, or instruct them as to how many steps they should take. They may also fail to instruct a driver to count out loud.
Field Sobriety Tests Must Be Properly Conducted: The One Leg Stand Test
When performing a one leg stand exercise, drivers must stand with one leg off the ground by about six inches. Although the instructions are fairly simple, officers do not always provide them. For example, an officer may not tell a driver they are supposed to leave their arms at their side, or not to look at their feet. Officers may also tell drivers to lift their leg 12 inches above the ground instead of six.
Our Field Sobriety Exercises Must Be Properly Conducted Attorney in Fort Lauderdale Can Advise on Your Case
If you were charged with a DUI after taking a roadside test, our Fort Lauderdale field sobriety exercises attorney at Meldon Law can help. Our skilled attorney can prove your test was not properly administered, which can get the results thrown out of court so they cannot be used against you. Call us today at 800-373-8000 or contact us online to schedule a free consultation.